Section 3: Expertise procedure for medical accidents

The Regional Commission appoints a panel of experts from the national list of medical accident experts, ensuring that these experts meet all the conditions required to guarantee their independence from the parties involved. It may, however, appoint a single expert from the same list if it considers this sufficient.

In the absence of an expert registered on the list of medical accident experts competent in the field corresponding to the nature of the loss, it may appoint as a member of the college of experts an expert appearing on one of the lists instituted by

article 2 of the aforementioned law no. 71-498 of 29 June 1971

or, exceptionally, an expert chosen from outside these lists.

The Regional Commission sets the terms of reference for the panel of experts or the expert, ensures that they are accepted and determines the deadline by which the report must be submitted. Where the expert assessment is carried out by a panel of experts, the report is drawn up jointly by the members of the panel.

It informs the Office national d'indemnisation instituted in article

L. 1142-22

of this mission without delay.

Within the framework of its mission, the college of experts or the expert may carry out any investigation and ask the parties and third parties to disclose any document, without being bound by medical or professional confidentiality, in the case of health professionals or staff of establishments, health services or other bodies referred to in article

L. 1142-1

. Experts who have knowledge of these documents are bound by professional secrecy, under the conditions and subject to the penalties laid down in

articles 226-13 and 226-14 of the French Penal Code

.

If the parties fail to provide the documents requested, the Regional Commission may authorise the panel of experts or the expert to submit his report as it stands. The Commission may draw any conclusions from the failure to provide the documents.

The panel of experts or the expert shall ensure that the expert appraisal is conducted in the presence of both parties or that they have been duly summoned. The parties may be assisted by one or more persons of their choice. The panel of experts or the expert shall take into consideration the observations of the parties and shall, at their request, attach all relevant documents to his report. It may take the initiative of seeking the opinion of another professional.

The Office National d'Indemnification will bear the cost of expert appraisals, subject to the reimbursement provided for in articles

L. 1142-14 and L. 1142-15

.